QUESTION:

I currently reside in Los Angeles, CA and am completing the Petition For Dismissal (penal code 1203.4) to have my misdemeanor (shoplifting) dismissed. I have met all my conditions, paid all fines, restitution, and completed my probation successfully. I am handling the paperwork by myself and on this form there are two different boxes requiring yes or no answers. 1) Eligible for misdemeanor under penal code 17 (b). ? Since I did not have a felony, would my answer by NO? and 2) Eligible for reduction to infraction under penal code 17 (d) (2) ? Would my answer also be NO? Since again it is not a Felony. I appreciate all the assistance. As mentioned, I am completing this on my own and want to get it right the first time.

ANSWER:

1) You should check the box indicating that “the offense was a misdemeanor.” And you should leave the box asking “eligible for misdemeanor under Penal Code § 17(b)” blank – because as you pointed out, your case started as misdemeanor. If you have to chose between yes and no, write no.

2) You should leave the “eligible for reduction to infraction under Penal Code § 17(d)(2)” box blank or you should write no. (Petty theft if less than $50 can be infracted but I don’t believe there is a shoplifting infraction.)

Also, keep in mind that the DA is entitled to 15 days notice – so you will need to plan on coming to court once to file the paperwork and a second time for the hearing. Congrats on successfully completing probation and congrats on taking an interest in expungement!

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